Traumatic Brain Injury Economic Damages Expert in Oklahoma

By Christopher Skerritt, M.Ed., MBA, Chief of Economic Services · Published · Reviewed

KW Economics prepares economic damages analyses for traumatic brain injury cases venued in Oklahoma: the components the loss claim consists of, the records that drive them, and a present value built to Oklahoma's damages rules and venues. Plaintiff and defense.

A traumatic brain injury economic claim measures the earnings, benefits, and household contributions the injury has taken away and reduces the care plan to present value, with the supervision hours and the residual work capacity stated so they can be tested. Read the full traumatic brain injury analysis guide.

Oklahoma courts and expert standards

Oklahoma trial judges act as gatekeepers for expert testimony and ask whether the economist is qualified, whether the method is reliable and accepted in the profession, and whether it was applied reliably to the facts of the case. An economic damages report answers that inquiry by stating its assumptions and citing the data behind each one.

Where these cases are heard

Highest court: Oklahoma Supreme Court. Federal venues: N.D. Okla., E.D. Okla., W.D. Okla. Court system: oscn.net.

Outside the civil courts, wage-loss disputes in workers' compensation matters proceed before the Oklahoma Workers' Compensation Commission.

Damages framework

Oklahoma's wrongful death action gathers the survivors' loss of support and companionship, grief, the decedent's pain and suffering, and medical and funeral expenses into a single recovery, and the courts have struck down a general legislative limit on noneconomic damages. Recovery is barred once the plaintiff's fault exceeds the combined fault of the defendants, evidence of medical expenses is limited to the amounts actually paid or owed, and prejudgment interest on a personal injury award begins to run only after a defined period following the filing of the suit.

How the analysis is built

The same four steps apply to a traumatic brain injury case venued in Oklahoma; the damages framework above decides which components enter the total.

  1. Establish the but-for earnings path from the person's history or, for a young person, from occupational data for the path they were on.
  2. Draw the post-injury path from actual earnings and the work-capacity opinions in the record, and measure the earnings gap over the remaining worklife.
  3. Value household services and family supervision from time-use data and local rates, and price the care plan item by item with medical cost growth.
  4. Discount every future stream to present value at a stated rate and show the total under each supervision and work-capacity scenario.

Attorney guides for traumatic brain injury cases

Other case types in Oklahoma

Frequently asked: traumatic brain injury cases in Oklahoma

Which Oklahoma courts hear traumatic brain injury cases?

Traumatic Brain Injury cases venued in Oklahoma are heard in the District Court (General jurisdiction; 26 judicial districts; all civil and criminal matters). Final appeals run to the Oklahoma Supreme Court. Matters within federal jurisdiction proceed in the United States District Courts for the Northern District of Oklahoma, Eastern District of Oklahoma, and Western District of Oklahoma.

How does Oklahoma's damages framework shape the economic analysis?

Oklahoma's wrongful death action gathers the survivors' loss of support and companionship, grief, the decedent's pain and suffering, and medical and funeral expenses into a single recovery, and the courts have struck down a general legislative limit on noneconomic damages. Recovery is barred once the plaintiff's fault exceeds the combined fault of the defendants, evidence of medical expenses is limited to the amounts actually paid or owed, and prejudgment interest on a personal injury award begins to run only after a defined period following the filing of the suit. Oklahoma trial judges act as gatekeepers for expert testimony and ask whether the economist is qualified, whether the method is reliable and accepted in the profession, and whether it was applied reliably to the facts of the case. An economic damages report answers that inquiry by stating its assumptions and citing the data behind each one.

More questions about traumatic brain injury analysis

References

Request a consultation on traumatic brain injury cases in Oklahoma or call (201) 343-0700. Plaintiff and defense counsel.